W. Va. Code R. § 64-84-11

Current through Register Vol. XLI, No. 43, October 25, 2024

Section 64-84-11 - Circumstances Requiring Immediate Consultation with the OCME

11.1. Immediately following initial notification of a death, the CoME, ACoME, or CoCo shall notify the OCME by telephone prior to performing any medico-legal death investigation.

11.2. Immediate notification is also required when a CoME, ACoME, or CoCo is in receipt, at any point in an investigation, of a request from any investigating agency or other authority that the CoME, ACoME, or CoCo perceives may, in any way, constitute a violation of W. Va. Code § 61-12-3et seq., or any provisions of this rule.

11.3. Immediate notification to the OCME is also required under the following determined death circumstances:

11.3.1. Homicides or deaths reported as suspicious for homicide;

11.3.2. Deaths of children younger than 18 years old, except those due to a car accident or when expected, due to known disease;

11.3.3. Multiple fatality events that cause three or more deaths;

11.3.4. Deaths occurring during incarceration, or associated with police action or intervention;

11.3.5. Fire-related deaths;

11.3.6. Deaths associated with a prolonged postmortem interval involving decomposed or skeletonized bodies;

11.3.7. Where remains are not able to be identified;

11.3.8. Cases that are likely to be declined medico-legal jurisdiction; or

11.3.9. When authorization for cremation requested of a CoME, ACoME, or CoCo, as described further in this rule, shall be refused, pending further investigation.

11.4. When a physician, dentist, podiatrist, or nurse practitioner who also serves in the capacity of CoME, ACoME, or CoCo recognizes that his or her patient's death falls under medical examiner jurisdiction, he or she may not perform medico-legal investigation into the death but shall immediately notify the OCME of the death.

11.5. When a CoME, ACoME, or CoCo has in his or her capacity as a physician, paramedic, or emergency medical technician attempted resuscitation of a deceased person whose death requires medico-legal investigation, he or she may not perform medico-legal investigation into the death but shall immediately notify the OCME of the death.

W. Va. Code R. § 64-84-11